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2023 Supreme(Pat) 346

CHAKRADHARI SHARAN SINGH, RAJIV ROY
Munna Khan – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Vikash Kumar Pankaj, Pratiyush Kumar.
For the UOI : M/s Anshuman Singh, Manoj Kumar Singh.

Rajiv Roy, J.—Being aggrieved by and dissatisfied with the judgment and order dated 9.7.2021 passed by learned 3rd Additional Sessions Judge, East Champaran at Motihari in NDPS Case No. 52 of 2014 arising out of CIS No. 526 of 2014 by which the sole appellant was convicted for the offences punishable under sections 20(b)(ii)(C) and 23(c) of the NDPS Act and further dated 17.7.2021 whereby and whereunder he was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,00,000/- (one lakh) for the aforesaid offence under sections 20(b)(ii)(C) and 23(c) of the NDPS Act and in case of default in payment of fine further R.I. for one year, the present appeal has been filed.

2. The matrix of the facts giving rise to the present appeal is/are as follows:—

3. Koshy Jacob (P.W.-1), Custom Inspector, Land Customs Station (as short the LCS), Raxaul is the complainant. He lodged official complaint alleging therein that during the course of routine check at LCS, Raxaul, on 2.8.2014 at around 12:30 hours, the officials of the customs noticed that three persons coming from Nepal side are wearing clothes which which do not deem appropriate for the summer season They were walki

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